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Terms and conditions

1. Welcome

We are delighted to welcome you to this Nayan NV- web site of CadoFrance (hereinafter referred to as the "Site").

Safe written derogative clause, the relations between Nayan NV and its users are regulated by the present General Conditions that are understood to be accepted by the User, even if they should appear to be in conflict with one's proper or special conditions. These General Conditions are available in the languages that are used on the website.

The General Conditions regulate the security and the contractual relationship of the transactions between the User and Nayan NV. By using this site, the User confirms to have read and accepted the General User Conditions. The above mentioned is applied, irrespective of the location from which you are using the Site. If you use certain extra services of this Site, we will communicate the additional conditions, and they will be part of the General Conditions.

The present General Conditions may at all times, without prior notification, be amended. Any purchase after the amendment, implies the acceptance of the new conditions by the client.

The general Conditions may be completed by other conditions if explicitly referred to. In case of contradiction, the present General Conditions will have priority.

The wordings used in these General Conditions were, for as far as necessary, defined in article 18 of the General Conditions.

2. Accuracy of content

The information as to the products and prices, as well as the detailed order information that the User may find at the 'Order Info Page', are drafted and communicated under reserve of amendments and corrections. Modifications to the contents take place at a regular basis without informing you explicitly about them. Nayan NV has made reasonable efforts to ensure that product information is accurate and to display as accurately as possible the colours of our products. The weights, dimensions and volumes of the products are approximate only and we cannot guarantee that your screen's display will accurately reflect the colour of the product on delivery.

Nayan NV cannot be held responsible for the use of this Site, included, and without limitations, its content and possible errors. The indicated information is collected to the best of our abilities and we shall not be held responsible for any erroneous display of the data.

3. Prices

All prices for delivery in the European Union are displayed on the Site are inclusive of VAT and exclusive of forwarding charges. The currency is at all times clearly mentioned. If an error is found in the price of the products you have ordered, we will inform you as soon as possible and offer you the option of cancelling your order, free of charge. Prices for delivery outside the European will in some cases occur extra taxes for the recipient.

4. Online Ordering

You can place an order if you are an adult aged 18 or over. The ordering process consists of following steps:

  1. You add the products you want to purchase to your shopping cart;
  2. You choose your delivery method;
  3. You enter the delivery address;
  4. You enter your billing address together with the payment information;
  5. You will be asked to accept the General Conditions;
  6. You will now be given the opportunity to review your selection.

After submitting your order we will send you an e-mail confirming receipt of your order. If you pay by credit card, you will also receive an e-mail containing your payment status. As soon as the goods are shipped (the "Shipping Notification E-mail"), you will also receive a notification. All orders are subject to possible stock fluctuations, at the occasion of an unforeseen stock crash; will inform you and we reserve the right to cancel an order reservation.

5. Payment

The payment modalities we accept figure on our Site. The bill will be charged in the currency you ordered with. Ogone will also send you an update. With respect to our payment modalities for credit cards as well as to the security modalities we refer to the privacy policy posted on the Site.

Some companies, located in certain countries and owner of a valid VAT number, are offered the possibility to pay after receipt of the invoice. Nayan NV reserves the right, in case we receive an unfavorable credit rating, to demand an advanced payment at the first order.

Nayan NV will remain the owner of the sold goods until the day of complete payment of the price and possible late payment interests and/or indemnities.

6. Sale Agreement

A "Sale" is to be understood by the online purchasing of an article that will be dispatched to your address. The payment takes place on beforehand. At that moment the purchase comes about. The order will only be shipped after receipt of the payment.

Nayan NV reserves the right to refuse an order in the following cases:

  • if there is a serious suspect of abuse of law or lack of good faith by the client;
  • if it can be reasonably assumed that the client has the intention to further retail the products on his/her behalf;
  • if the end of stock is reached or if a product is no longer be available
  • if an invalid offer is determined;
  • in case of force majeure.

7. Delivery restrictions - country of delivery

  • For France we do not serve the overseas territories.
  • Care of PO Box addresses and military APO addresses are not accepted.
  • Saturday delivery is only possible in France. Except for bank holidays.

8. Delivery

Our products are only being delivered in those countries for which the website allows the delivery (see article 7 supra) We will use all reasonable efforts to deliver the products ordered within the timescales indicated on the individual order confirmation the purchaser. Possible delays will in no circumstances lead to indemnity payment. Erroneously communicated addresses are the responsibility of the User and may lead to extra charges that will be redressed to the User.

Most goods will be sent from Nayan NV. If your product is not delivered within the specified timescale, please contact cs-cadofrance@nayan.be with your client number of order number. Should exceptional circumstances result in the fact that you have not received any item you ordered after 30 days from the date of the Shipping Notification E-mail, you will have the option to cancel your order and request a full refund.

We only ship via a professional courier. Please note that a signature is most often required upon delivery. You may accept that a delivery is signed for by a person other than the Client, on the condition that that this latter person is present at the indicated address.

Please read our detailed delivery guidelines and shipping information here.

9. Defective product or wrong delivery.

You must check whether your shipment is correct upon delivery. Should, in your opinion, the delivery not be in conformity with your demand, then please do not sign the delivery note and/or clearly note the nature of the discrepancy on the delivery note. You shall give us written notification of the problem within 24 hours of the delivery date by e-mail to cs-cadofrance@nayan.be. Should the failure be a fabrication error, or in case Nayan NV has delivered the wrong goods, then Nayan NV will bear all shipping costs related to the returning of the goods.

10. Tele-shopping

The customer has the right to inform the supplier of his right of retraction, without payment of any fine and without notification of a motive at any time up to 14 calendar days from the delivery date.

Should the customer wish to appeal to this right, he may return the goods at own risk and costs to Nayan NV. Goods that have been specifically designed for the customer and/or goods that may perish within a short period (such as, without being limitative, pralines, flowers, sweets, …) will not be taken back and the Customer will have no right to appeal to this right of retraction.

Returned goods will only be accepted by Nayan NV on the condition that the goods are unused.

In order to return the goods the following procedure needs to be followed:

Step 1: Please contact cs-cadofrance@nayan.be and mention your order number. We will be sending our return instructions to you by e-mail. The return is at your own cost and we advise you of the cost of the return in the same e-mail.

Step 2: Pack the item to be returned (only unused items, in its original wrapping and complete with authentic labels, accessories, use instructions, guarantee leaflets). The original wrapping will prevent damage while in transit.

Step 3: Please print the return label and tape it on your return package/packages. The return label will comprise all required data in order to guarantee a smooth shipment (your personal data, our delivery address, the name of the courier).

Step 4: Should you have any queries after step 3, please do not hesitate to contact us. If no questions, then please have the goods returned to us within 7 days.

Step 5: Provided that the goods reach us in good shape, you will be reimbursed within 30 days. In the event that the foods arrive incomplete or damaged, then we will inform you about this.

Only online purchased goods can be returned. As for any other return, we advise you to get in touch with the shop at which you have purchased the goods.

11. Limitation of Liability

Use of the Site : Nayan NV is not responsible for an uninterrupted availability from or access to the Site, disturbances from the computer system, viruses or other inconveniences which might come from the use of the Site (including but not limited to loss of profit).

a. Legal Warranty:

For consumers, there exists a legal warranty equal to 2 years. This warranty only covers a lack of conformity which already exists in the supplied goods. During the aforementioned period, the seller commits itself to replace or repair the concerned goods (or parts) free of charge. The seller reserves the right to trade the article if the costs for a repair are disproportionate, or if a repair is impossible. Defects that manifest themselves after a period of 6 months following delivery are not considered to have been present at the time of delivery, subject to proof by the customer.

c. Warranty conditions:

To appeal to a warranty, the customer needs to present its sales receipt or invoice. The warranty is non transferable. Any defect must be reported within two months after it has been discovered. Afterwards, every right to repair or replacement is void.

d. Exclusions:

The warranty does not apply to defects arising from accidents, worsening of the condition through negligence, falls, use of the goods in conflict with the purpose for which it was designed, failure to follow the operating instructions or the manual, adjustments or modifications to the unit, rough use, improper installation, poor maintenance, abnormal, commercial or improper use.

It does equally not apply to products with a shorter life span (such as batteries, wear articles or articles with a shorter maturity) or in case of interference by a third party not designated by Seller.

Use of the goods: Nayan NV is not responsible for loss or for material or other damages of any kind, which the User or third would suffer in the use of the goods.

Delivery and other exclusions: Nayan NV cannot be held responsible for any breach of any term, as all the deadlines are merely indicative without any obligation on the part of Nayan NV, nor for any damage she would cause by her fault or negligence, even in cases of gross negligence. Any consequential or any other damage that cannot be foreseen by one of the parties at the time of closing of the sale is excluded from compensation.

The entire liability of Nayan NV will never purchase the product in question exceeded.

12. Links to other sites and use of material from/through the Site

The reference to another website through our site is for informational purposes only. Only with the explicit permission of Nayan NV, the information on the Site can be used elsewhere. It is strictly forbidden to modify, copy, distribute, transfer, reproduce, publish or create related items of the information or material on the Site with one exception:

You can download the content and make one copy for personal, non-commercial use on the condition that you keep the content of the material for which the intellectual property rights are valid in its original condition. The copying or saving of any content whatsoever outside personal, non-commercial use will not be allowed.

13. Questions, complaints, comments or service contact

If you have any questions about this Site, or if you have technical problems in accessing information on our Site, please contact: cs-cadofrance@nayan.be.

14. Termination

Nayan NV may at any time, without prior notice and at their sole discretion, terminate this Agreement, in whole or in part, with or without cause and with no obligation of prior

15. Use limitations and intellectual property rights

Nayan NV prepared this Site for your personal and non-commercial use. Please do not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from information or material on this Site, except as follows: you may download and make one copy of the content and other downloadable items displayed on this Site for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, non-commercial use is not permitted. The technology is provided and owned by Nayan NV.
All images on the website are copyright protected and are the property of Nayan NV. Any partial or total reproduction without our prior written permission is strictly prohibited.

16. Privacy policy

Nayan NV recognizes the importance of your privacy. You can find our Privacy policy by clicking here. This privacy policy is applicable on all products and services provided by Nayan NV. By using this Site, the User implicitly accepts the privacy policy.

By ordering through the Site of Nayan NV, the User explicitly grants the User the right to process and use its personal data for purposes such as the administration of the client database, the order management, deliveries and invoices, the follow up of the solvency, marketing and advertising. Nayan NV will be allowed to save the data for other webshops owned by Nayan NV among which are online shops like gift.be, giftsforeurope.com etc. though not to third parties without any relation to Nayan NV.

The User has for all data the right to view and correct the data and is entitled to resist the use of its data for direct marketing purposes free of charge. For more information, the User is kindly requested to contact the competent privacy administration.

17. Counterfeiting

Nayan NV also wishes to protect its consumers against the sale of counterfeit products online. That is why Nayan NV likes to refer to the tips of the European Consumer Centre to avoid buying a counterfeit product. If there is a suspicion of counterfeiting, the consumer can always submit a complaint via the Reporting Center.

18. Definitions

Within the scope of these terms and conditions, the wordings mentioned hereafter are defined as follows:

  • Terms and Conditions: these terms and conditions and all its additions or updates;
  • Order: the result of the ordering process as described in article 4 of the Terms and Conditions. After receipt of the payment, the Order will become a Sale.
  • Nayan NV: public limited liability company, incorporated under Belgian law (so-called NV), having its registered office at 8800 Roeselare (Belgium), Bruanestraat 8, and exploitation office at 8850 Ardooie (Belgium), Pittemsestraat 58D and registerd in the Register of Legal Persons in Kortrijk with the number 0806.661.106;
  • User: a user of this website, someone who by entering the address of this website or by following a link comes to this website and who uses this website for informative purposes or to place an order;
  • Ogone: the payment processing firm, being Ogone, private limited liability company having its registered office at Tervurenlaan, 270, 1150 Brussesl and subscribed with the register of legal persons of Brussels with the number 0459.360.623;
  • Site: A collection of web pages grouped together under the address of CadoFrance. The possibilities of the site vary from the offering of statistical information to interactive communication with multimedia applications and the purchase of goods.
  • Sale: the online purchase of goods delivered to your home. The payment is done upfront. At the moment the payment is received, the sale comes about.

19. Governing law

Any dispute regarding the closing, the validity, the interpretation or the execution of the contract or the Terms and Conditions is solely governed by Belgian law and the Belgian courts of Brussels shall have exclusive jurisdiction, notwithstanding the right of the consumer to bring forth a court case for a court that would be competent based on an imperative law. All parties agree to accept electronic evidence (e.g. e-mails, back-ups,...) as binding evidence in case of disputes.

If any of the present terms and conditions would be declared null and void or should not be applicable, the other terms and conditions will remain valid and the term declared null and void will remain applicable within the boundaries set by law.

In compliance with art. 14.1 of Regulation (EU) No 524/2013, you can appeal to the European Commission's alternative online dispute settlement. The Online Dispute Resolution (ODR) platform offers a single point of entry that allows EU consumers and traders to settle their disputes for both domestic and cross-border online purchases.

You can also always contact the Consumer Mediation Service for a dispute settlement.

20. Entire Agreement

This Agreement supersedes all prior Agreements with the User.

For any questions, remarks or technical issues with respect to this Site, you can contact us through the following channels: cs-cadofrance@nayan.be
tel. +33 (0)1 8565 3773.

These terms and conditions were last updated on 26/02/2019


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